You may notice that many popular companies, like McDonald’s, Coca-Cola, and Nike, usually feature their names with a ® symbol directly next to them. Well, the official name for this is a registered trademark symbol. You may have just started and are nowhere near as large as these mentioned companies. Nonetheless, you may still be eager to start putting this symbol next to your company name on your products, packaging, and advertising campaigns to boost your brand and name recognition. However, you cannot just tack on this symbol before undergoing a formal procedure. Please continue reading to learn the power a registered symbol holds and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you acquire this status symbol successfully.
What power does the registered trademark symbol (®) hold?
Importantly, the registered trademark symbol (®) essentially notifies the general public that your mark is officially registered with the United States Patent and Trademark Office (USPTO). Further, it is a visual representation of your benefiting from all the protections provided by the USPTO, such as giving you the exclusive right to use it in the marketplace and take legal action should any other third party take it without explicit permission.
All of this to say, a registered symbol acts as a deterrent to potential trademark infringers. Should a third party still risk using your mark, the court may recognize the legitimacy of this symbol automatically, thereby improving your chances of being granted injunctions and other legal remedies in the end.
Can I use the registered symbol before getting approval from the USPTO?
After submitting your initial trademark application with the USPTO, you may have to wait months until you get official notice of its approval. In the meantime, you may be confident in your registration being granted and eager to use the registered trademark symbol (®). However, you must not preemptively start incorporating this logo on your business materials. In fact, doing so before getting USPTO approval may be considered illegal.
In a worst-case scenario, if the USPTO gets word on this, they may accuse you of falsely claiming trademark protection and charge you with fraud. This may come with fines and other legal consequences. But on top of all this, you may have just jeopardized your trademark application that would have been approved in a few short months. Also, you may be barred from being granted USPTO approval for any other future marks.
Alternatively, you should use a temporary symbol next to your mark, which is “™.” This symbol simply stands for “trademark” and points to your claimed rights based on common law. Even though this symbol may not stop outsiders from using the same or similar mark, it may still establish your status in the marketplace and inform the general public of your intent to use it.
In the end, if you are ready to get the appropriate protection for your original idea, please retain the services of a skilled Essex County, New Jersey intellectual property lawyer. Our team at The Ingber Law Firm awaits your phone call.